By Marvin G. Cortner
Editor

The Osceola County Planning Commission July 8 on a 7-2 vote recommended denial for a controversial proposed “eco-tourism” business using mainly airboats that would tie up at a 10-slip marina on the eastern shore of Lake Tohopekaliga.

The request for a zoning change to allow the marina off Cherokee Road in an area designated for mixed use came from Tom & Jerry’s Marina. Owners of the 5.2-acre site proposed for the marina are Nolan Segars and Nancy Beck Segars. The business, besides offering airboat eco-tourism using two airboats making a total of 14 trips a day, would include boat rentals and fishing guide services.

The request, which includes a plan to convert one existing residential building into restrooms and a business office and to keep other residences available as rental units, now goes to the County Commission for consideration.

Planning commissioners voting for denial did so mainly because they said the business as proposed would not constitute mixed use, which generally includes retail shops and offices alongside a residential component. Also, commissioners said Cherokee Road would not safely handle the traffic going to and from the business.

Planning Commission Chairman Ken Baker, who voted for denial, said the location is the wrong place for an airboat business, given the potential noise it would produce and the traffic it would put on Cherokee Road. He also said there will be an increasing number of requests for airboat operations on private property as both the city of Kissimmee and Osceola County governments are now restricting airboat operations from public property.

Commission member Valerie Crabtree questioned whether the proposed business truly would be mixed use and that she was “very concerned for the property rights of existing property owners.”

“What is most appealing about Osceola County is what some are intent on destroying,” Crabtree said.

Commission member Domingo Sanchez, who voted against denial of the zoning change because he said it meets all the requirements, also said this area of the county is changing, with increasing residential and commercial uses planned with nearby developments of regional impact.

County staff, in recommending the proposal, also had recommended a number of special conditions be imposed. Among them are: a limit of 14 airboat launches per day; no repair or fueling of boats at the marina; hours of operation limited to 9 a.m. to 7 p.m.; airboats must idle out 300 feet from the marina before accelerating; and airboats would not be put in or taken out of the water at the marina.

Norman Smith, attorney for Tom & Jerry’s Marina, said the business does not object to the special conditions and that owners would use all available means to reduce airboat noise. He also said concerns over possible damage to snail kite nesting sites were unfounded.

Ted Brown, attorney representing a number of property owners opposed to the plan, characterized the proposed marina as “essentially a tourist attraction at the end of Cherokee Road.” He also said running airboats out of this part of Lake Tohopekaliga would risk violating state and federal protected species laws and that this airboat business could be accommodated at other locations.

“This is something we are passionate about,” property owner Kenny Pennington said, summing up neighborhood opposition to the marina because of the worries over airboat noise, road safety and the negative impact on wildlife – especially the state- and federally-endangered snail kite – that airboats would have.

Resident Dave Woodbury said the eco-tourism label for the marina is a disguise.

“We believe the real reason is to run an airboat tour business,” Woodbury said.

There are other area businesses with the Tom & Jerry name involving members of the Sloan family, from airboat tours to a fishing guide service.

Church development plan approved

The commission on an 8-1 vote recommended approval of a development plan for a new 6,900-square-foot, 69-seat church in Buenaventura Lakes, off Oakwood Drive. The applicant is Dr. Jose A. Reyes and the property owner is El Pan de Vida.

The proposal originally included plans for a radio station and off-site parking, but due to staff concerns, the request was changed.

Residents living nearby opposed approval of the new church because of the additional traffic it would generate in the neighborhood, especially be-cause there is a church next to the site already. Other opponents said the proposed building was too large for the lot.

This request also goes to the County Commission for consideration.